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O-23-32VILLAGE OF DEERFIELD STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) IIII III III III I IIIII IIII I I IIII I IIIII II II IIII IIIII II Imaqe# 063883220013 Type: ORD Recorded: 05/03/2024 at 02:54:15 PM Receipt#: 2024-00018478 Paqe 1 of 13 Fees: $50.00 Lake County IL Anthony Veqa Lake County Clerk File8032633 The undersigned hereby certifies that he is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of: Ordinance 0-23-32 An Ordinance Approving a Digital Menu Board for a Drive-Thru Restaurant in the C-2 Outlying Commercial District (700 Lake Cook Road — Portillo's) Dated this May 1, 2024. 1� 1, La DANIEL VAN DUSEN Deputy Village Clerk OF D ;; ; • �� 0 SEAL Otn ; a . O Prepared by and after recording return to: Daniel Van Dusen Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214 4 VILLAGE OF DEERFIELD ORDINANCE NO. 2023- 0-23-32 AN ORDINANCE APPROVING A DIGITAL MENU BOARD FOR A DRIVE-THRU RESTAURANT IN THE C-2 OUTLYING COMMERCIAL DISTRICT (700 Lake Cook Road — Portillo's) WHEREAS, Dog's Life Ventures, LLC, an Illinois limited liability company ("Applicant's, is the record owner of the property commonly known as 700 Lake Cook Road, in Deerfield, Illinois, and legally described in Exhibit A attached and, by this reference, made a part of this Ordinance ("Property'); and WHEREAS, the Property is located in the C-2 Outlying Commercial District ("C-2 District'); and WHEREAS, Applicant desires to construct on and use on the Property a digital drive- thru menu board sign ("Menu Board Sign'); and WHEREAS, pursuant to Article 9.02-B, 14(a) of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance"), the number, area, location, height and lighting of a restaurant drive-thru menu board sign in the C-2 District shall be determined by the Corporate Authorities following review and consideration of a recommendation from the Village Plan Commission; and WHEREAS, the Applicant filed an application with the Village to allow for the establishment of the Menu Board Sign ("Requested Relief); and WHEREAS, a public meeting by the Plan Commission to consider the Requested Relief was duly advertised on September 21, 2023, in the Deerfield Review, and was held on October 12, 2023; and WHEREAS, on October 12, 2023, the Plan Commission adopted Findings of Fact, recommending that the Village Board approve the Requested Relief, and WHEREAS, the Village Board has determined that the application for the Requested Relief complies with the required standards for menu board signs as set forth in Article 9 of the Zoning Ordinance; and WHEREAS, consistent with the Plan Commission recommendations, the Village Board has determined that it will serve and be in the best interests of the Village and its residents to approve the Requested Relief for the Property, in accordance with, and subject to, the conditions, restrictions, and provisions of this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the Village Board. 1 4892-6647-0032, v. 2 SECTION TWO: APPROVAL OF MENU BOARD SIGN. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Three of this Ordinance, the Village Board hereby approves the Requested Relief to allow for the Menu Board Sign on the Property, in accordance with, and pursuant to, Article 9.02-B, 14(a) of the Zoning Ordinance and the home rule powers of the Village. SECTION THREE: CONDITIONS. Notwithstanding any use or development right that may be applicable or available pursuant to the provisions of the Village Code or the Zoning Ordinance, or any other rights the Applicant may have, the approvals granted in Section Two of this Ordinance are hereby expressly subject to and contingent upon the redevelopment, use, and maintenance of the Property in compliance with each and all of the following conditions: A. Compliance with Plan. The redevelopment, use, operation, and maintenance of the Property must comply with the "Drive-Thru Elevation" prepared by Olympik Signs, consisting of three sheets and a revision date of July 25, 2023 attached in Exhibit B to and, by this reference, made a part of this Ordinance, except for minor changes approved by the Village Principal Planner in accordance with all applicable Village standards. B. Brightness Level. The Menu Board Sign must not have a brightness level that exceeds 1,500 NITS. C. Compliance with Regulations. The redevelopment, use, operation, and maintenance of the Property and the Menu Board Sign must comply with all applicable Village codes and ordinances, as such codes and ordinances have been or may be amended from time to time, except to the extent specifically provided otherwise in this Ordinance. SECTION FOUR: RECORDATION: BINDING EFFECT. A copy of this Ordinance shall be recorded against the Property in the Office of the Lake County Recorder of Deeds. This Ordinance and the privileges, obligations, and provisions contained herein run with the Property and inure to the benefit of, and is binding upon the Applicant and its heirs, representatives, successors, and assigns. SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of the Applicant to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, in addition to all other remedies available to the Village, the approvals granted in Section Two of this Ordinance ("Approvals') may, at the sole discretion of the Village Board, by ordinance duly adopted, be revoked and become null and void; provided, however, that the Village Board may not so revoke the Approvals unless it first provides the Applicant with two months advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the Village Board. In the event of such revocation, the Village Manager and Village Attorney are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances. Notwithstanding the foregoing or anything else contained in this Ordinance, the Applicant's failure to comply with this Ordinance, nor anything else contained herein, shall affect or restrict the Applicant rights to use the Property as otherwise permitted by the Zoning Ordinance. X, 4892-6647-0032, v. 2 SECTION SIX: AMENDMENTS. Any amendment to any provision of this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Ordinance. SECTION SEVEN: EFFECTIVE DATE. A. This Ordinance will be effective only upon the occurrence of all of the following events: Passage by the Village Board by a majority vote in the manner required by law; 2. Publication in pamphlet form in the manner required by law; 3. The filing by the Applicant with the Village Clerk of a fully executed Unconditional Agreement and Consent, in the form of Exhibit C attached to and, by this reference, made a part of this Ordinance, to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance and to indemnify the Village for any claims that may arise in connection with the approval of this Ordinance; and 4. Recordation of this Ordinance, together with such exhibits as the Village Clerk deems appropriate for recordation, with the office of the Lake County Recorder. B. In the event the Applicant does not file fully executed copies of the Unconditional Agreement and Consent, as required by Section 7.A.3 of this Ordinance, within 30 days after the date of final passage of this Ordinance, the Village Board will have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect. [SIGNATURE PAGE TO FOLLOW] 91 4892-6647-0032, v. 2 AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: Shapiro PASSED: November 20, 2023 APPROVED: November 22, 2023 ORDINANCE NO. 0-23-32 Daniel C. Shapiro, Mayor ATTEST• Kent-S. S .reet, i age bierk 4 4892-6647-0032, v. 2 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY PARCELI: LOT 2 IN FLODSTROM'S SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST Y+ OF SECTION 32 AND THE: SOUTHWEST % OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 5, 1982 AS DOCUMENT 2179958, IN LAKE COUNTY, ILLINOIS. EXCEPTING THEREFROM: THAT PART OF LOT 2 IN FLODSTROWS SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 32 AND THE SOUTHWEST QUARTER. OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 5, 1982 AS DOCUMENT 2179968, IN LAKE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE ON AN ASSUMED BEARING NORTH 89 DEGREES 55 MINUTES 13 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 181.61 FEET; THENCE NORTH 84 DEGREES 12 MINUTES 35 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 24.50 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 0 DEGREES 28 MINUTES 00 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 7.56 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES 13 SECONDS EAST A DISTANCE OF 186.01 FEET; THENCE NORTH 45 DEGREES 55 MINUTES 15 SECONDS EAST A DISTANCE OF 28.06 FEET TO THE EAST LINE OF SAID LOT 2; THENCE SOUTH 0 DEGREES 28 MINUTES 00 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 29.55 FEET TO THE POINT OF BEGINNING. PARCEL 2: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL I AS CONTAINED IN THE DECLARATION OF EASEMENTS COVENANTS AND RESTRICTIONS RECORDED AS DOCUMENT #2180004, AS AMENDED BY INSTRUMENT RECORDED AS DOCUMENT 2316242, FOR DRIVING, PARKING, AND INGRESS AND EGRESS TO PUBLIC STREETS OVER THE PRIVATE ROADS, DRIVEWAYS AND PARKING AREAS LOCATED ON LOT 1 IN FLODSTROM'S SUBDIVISION, AFORESAID, EXCEPTING THEREFROM THAT PART FALLING IN LOT 1 IN FLODSTROM'S RESUBDIVISION NO. 2, IN LAKE COUNTY, ILLINOIS. PARCEL 3: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CONTAINED IN THE EASEMENTS AGREEMENT RECORDED AS DOCUMENT #�_ , FOR DRAINAGE INTO THE PONES LOCATED ON LOT 1 IN FLODSTROM'S SUBDIVISION, PIN: 16-33-304-025-0000 Commonly known as 700 Lake Cook Road, Deerfield, Illinois 60015 4892-6647-0032, v. 2 EXHIBIT B DRIVE-THRU ELEVATION 4892-6647-0032, v. 2 PERMIT DRAWING Ow Y, 71 �d sa ,•- 9 OtY/�/l�/K 700 Lake Cook Road Deerfield, 1L 60015 + in Menu Board V JEW job#:22-9340 0 07-25-23 ILA x psi . �a" � - -'� •ate } — � � MORT A. Ariel Site Plan - u r - � A _ d ._Lake Ceok Rd ak k Lake Gook Rd L ke • k Rd � Lake Cv � hake aok d ake �aok Rd ao 0o Rd r NOOGE8GR©, FF r 0. Deerfield, IL Fi Comments: WAMMAIWON /���r N30 NGarfield Ph_#630.424.'6 100 Px.#630.424.6'120WNQLyS�CNf ,G/YS Lombard, IL 60148 Drive-Thru Elevation - Before reg r rf.,�i11 Vou, r r-i r�i� rri. L.It~JLmJ LLeJ r,'�l7 r�1 r 1 t.LJ L*i L-J 6RJ 23 MR 5-1 L~1 !-1 Lw'1 LaJ L�"� irk Drive-Thru Elevation -AFTER F1 _•ll!V FE 7730 Garfield Ph.#630.424.6 /GNS Lombarar d. IL 60148 700 Lake Cook R(.O Deerfield, IL 60015 fV C C' )nits oncrete DIGITAL Main Drive-Thru Menu Board - Scale 3/4' = T-O" Square Footage: 21.4 New Main Menu Board to use existing main support, foundation and electrical service. New board to be installed at 45 degrees to drive-thru lane, as to avoid being directly pointed at Lake Cook Road. drawn by PAMELA F job#: 22-9340 • 11-09-22 page 2 of 2 10._r MAIN MENU EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, Dog's Life Ventures, LLC, an Illinois limited liability company ("Applicant'), is the record owner of the property commonly known as 700 Lake Cook Road, in Deerfield, Illinois, and legally described in Exhibit A attached hereto and, by this reference, made a part hereof ("Property'); and WHEREAS, the Property is located in the C-2 Outlying Commercial District ("C-2 District'); and WHEREAS, Applicant desires to construct on and use on the Property a digital drive- thru menu board sign ("Menu Board Sign'); and WHEREAS, pursuant to Article 9.02-B, 14(a) of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance"), the number, area, location, height and lighting of a restaurant drive-thru menu board sign in the C-2 District shall be determined by the Corporate Authorities following review and consideration of a recommendation from the Village Plan Commission; and WHEREAS, the Applicant filed an application with the Village to allow for the establishment of the Menu Board Sign ("Requested Relief); and WHEREAS, Ordinance No. 0-23-32 , adopted by the Village Board on Nov. 20, 2023 ("Ordinance'), approved the Requested Relief, and WHEREAS, Section 7.A.3 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant has filed, within 30 days following the passage of the Ordinance, their unconditional agreement and consent to accept and abide by each and all of the. terms, conditions, and limitations set forth in the Ordinance; NOW, THEREFORE, the Applicant does hereby agree and covenant as follows: 1. The Applicant hereby unconditionally agrees to, accept, consent to, and will abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance. 2. The Applicant acknowledges that public notices and meetings have been properly given and held with respect to the adoption of the Ordinance, has considered the possibility of the revocation provided for in the Ordinance, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Applicant acknowledges and agrees that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's granting the Requested Relief or adoption of the Ordinance, and that the Village's approval of the Requested Relief does not, and will not, in any way, be deemed to insure the Applicant against damage or injury of any kind and at any time. 4892-6647-0032, v. 2 4. The Applicant hereby agrees to hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the Village's adoption of the Ordinance granting the Requested Relief for the Property. Dated: , 2023. A U It 4892-6647-0032, V. 2 DOGSFEWZ4- LLC, a Delawany ,y By:Awk Its: EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1: LOT 2 IN FLODSTROM'S SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST Y. OF SECTION 32 AND THE SOUTHWEST Y4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 5, 1982 AS DOCUMENT 2179958, IN LAKE COUNTY, ILLINOIS. EXCEPTING THEREFROM: THAT PART OF LOT 2 IN FLODSTROWS SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 32 AND THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 5, 1982 AS DOCUMENT 2179958, IN LAKE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2: THENCE ON AN ASSUMED BEARING NORTH 89 DEGREES 55 MINUTES 13 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 181.61 FEET; THENCE NORTH 84 DEGREES 12 MINUTES 35 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 24.50 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 0 DEGREES 28 MINUTES 00 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 7.56 FEET, THENCE SOUTH 89 DEGREES 55 MINUTES 13 SECONDS EAST A DISTANCE OF 186.D1 FEET; THENCE NORTH 45 DEGREES 55 MINUTES 15 SECONDS EAST A DISTANCE OF 28.06 FEET TO THE EAST LINE OF SAID LOT 2, THENCE SOUTH 0 DEGREES 28 MINUTES 00 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 29.55 FEET TO THE POINT OF BEGINNING. PARCEL 2: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CONTAINED IN THE DECLARATION OF EASEMENTS COVENANTS AND RESTRICTIONS RECORDED AS DOCUMENT #2180004, AS AMENDED BY INSTRUMENT RECORDED AS DOCUMENT 2316242. FOR DRIVING, PARKING, AND INGRESS AND EGRESS TO PUBLIC STREETS OVER THE PRIVATE ROADS, DRIVEWAYS AND PARKING ARIAS LOCATED ON LOT 1 IN FLODSTROM'S SUBDIVISION, AFORESAID, EXCEPTING THEREFROM THAT PART FALLING IN LOT i IN FLODSTROM'S RESUBDIVISION NO. 2, IN LAKE COUNTY, ILLINOIS. PARCEL 3: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CONTAINED IN THE EASEMENTS AGREEMENT RECORDED AS DOCUMENT # , FOR DRAINAGE INTO THE POND LOCATED ON LOT 1 IN FLODSTROWS SUBDIVISION, PIN: 16-33-304-025-0000 Commonly known as 700 Lake Cook Road, Deerfield, Illinois 60015 4892-6647-0032, v. 2